Does my ex wife still get half of my retirement if she remarries?

Asked by: Roslyn Stehr  |  Last update: July 9, 2025
Score: 4.4/5 (56 votes)

In most, if not all, cases, neither retirement nor disability benefits are affected by your marital status. You will receive these benefits in full if you are divorced and remarry. You will also receive these benefits in full if you marry for the first time and your spouse has been divorced.

Will I lose my ex-husband's pension if I remarry?

A division of pension accounts is a property settlement, which does not cease upon remarriage if /when you move on. The exception would be if you agreed to such a circumstance in your paperwork--so listen to your attorney--- don't do that.

Does my ex-wife get half my military retirement if she remarries?

Unless court ordered, remarriage of a former spouse will not stop the direct payment of retired pay as property.

Can an ex-wife collect Social Security if her husband remarries?

You can claim even if your ex has remarried. You can claim even if your ex hasn't retired and isn't receiving Social Security benefits (as long as your ex is at least 62 and you've been divorced at least 2 years). Claiming won't reduce your ex's Social Security benefits or their current spouse's benefits.

What happens when my ex wife remarries?

Spousal maintenance claims cannot be preserved following remarriage and therefore, if your spousal maintenance claim has been left open or if there is a spousal maintenance order in force, upon remarriage, your claims for spousal maintenance will automatically be dismissed.

How much of my retirement will my ex-wife get?

28 related questions found

Does a woman lose her alimony if she remarries?

California Family Code Section 4337 states that spousal support is automatically terminated when the spouse who receives the alimony is remarried. This provision exists to streamline the transition and removes the need for a court hearing or an additional legal process to end alimony.

Does my new wife have to pay child support?

Generally, the non-custodial parent will make payments to support their child. While alimony payments will likely change, as that benefits the ex-spouse, child support is not impacted by either spouse remarrying. This is because a new spouse has no legal obligation to provide for a child that is not theirs.

Can I stop my ex-wife from getting my Social Security?

It's natural to ponder if you can stop your ex-spouse from partaking in your social security benefits. However, the high dam of federal law stands firm, preventing you from single-handedly stopping your ex-spouse from staking a claim on your benefits.

How long can my ex-wife claim my pension years after divorce?

Original divorce agreement: If the divorce decree explicitly states that the pension is to be divided, the ex-spouse may still have a claim, even years later. State laws: Some states have statutes of limitations on claims against retirement assets, while others may allow claims to be made at any time.

Can two ex-wives collect Social Security?

If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don't have to share — the amount isn't reduced because you've had more than one spouse.

Does your ex wife get your retirement?

You are eligible to receive one-half (50%) of your ex-spouse's retirement benefit. If your ex-spouse should die before you, you can receive their full retirement benefit.

How long does a military spouse have to be married to get benefits?

20/20/15 former spouses must provide proof of 20 years of service, 20 years of marriage, and proof of 15 to 20 years of concurrence to be eligible for one year of benefits after a divorce. After a year, they will have the option to buy a (Department of Defense) DoD-negotiated conversion health policy.

What is the ten ten rule?

The framework is simple: before you make a decision, ask yourself three questions: 10 minutes from now, how will I feel about this decision? 10 months from now, how will I feel about this decision? 10 years from now, how will I feel about this decision?

Will I lose my ex-husband's military retirement if I remarry?

But because the division of the military pension is controlled by the court, not the Defense Department, how that is affected depends entirely on the divorce settlement. Under most circumstances, a remarriage will not change how or if an ex-spouse continues to receive a portion of the military pension.

Which wife gets the Social Security?

If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.

What percentage of my pension is my ex-wife entitled to?

DIVIDING YOUR PENSION

In its division of the assets, the court could decide to award an “in-kind” division of the pension – usually a 50:50 split of the community property share – assigning each party a percentage interest to be paid upon the member's retirement, termination, or death.

How can I protect my pension from my ex-wife?

Instead of dividing the pension, spouses might agree to such alternatives as:
  1. Trading an asset of equal or similar value, such as the pensioned spouse's stake in the family home.
  2. The purchase of life insurance equal to the pension benefits with the ex-spouse named as the beneficiary on the policy.

What rights does an ex-wife have when her ex-husband dies?

Can an Ex-Spouse Inherit From the Decedent's Estate? Once a divorce is finalized and assets have been divided between the former spouses, the ex-spouse will generally have no right to an inheritance from their ex-spouse's estate if their ex-spouse dies.

How long do you have to be married to get half of retirement in Texas?

If your spouse is found to have hidden assets, then it could result in them losing the right to all of those assets and even a possible jail sentence. Does it matter how long we were married? Most retirement accounts, such as 401(k)s are divided upon divorce regardless of how long the marriage lasted.

What percent of Social Security does a divorced spouse get?

If you wait until your full retirement age (FRA), you'll get 50% of your ex's benefit. Full retirement age, or normal retirement age, depends on the year you were born. If you were born between January 2, 1943 and January 1, 1955, your FRA is 66. The full retirement age increases gradually for those born after 1955.

What are the three ways you can lose your Social Security?

Indeed, here are three ways you can lose at least part of your Social Security benefit.
  • No. 1: Keep working while taking benefits early. ...
  • No. 2: Be a substantially lower-earning spouse. ...
  • No. 3: Be alive in 2034. ...
  • Social Security still provides an important foundation for retirement.

How do I get the $16728 Social Security bonus?

Specifically, a rumored $16,728 bonus that had people wondering if it was true or not in 2024? Sadly, there's no real “bonus” that retirees who receive Social Security can collect.

Can my ex-wife go after my new wife's income?

The court will rarely consider the new spouse's income unless: Both biological parents earn too little money to provide for the child's basic needs. A parent voluntarily or intentionally quits work or reduces their income. A parent remains underemployed or unemployed and relies on the new spouse's income.

Am I responsible for my spouse's child support debt?

If you are married to someone with a back child support obligation and you file jointly, you can expect the government to recapture the return up to the amount owed, unless you file special paperwork with the IRS. Many state governments will also use recapture to take lottery winnings to pay back child support.

Can I go after ex-husband's new wife's income for child support in Illinois?

A new spouse's income typically isn't counted directly, but the financial situation of the remarried parent may still influence support decisions in some cases. Courts can consider a new spouse's income if it frees up funds for the parent to pay child support or maintenance.